Rahman v North Sydney Council [2019] NSWLEC 1363

Rahman v North Sydney Council [2019] NSWLEC 1363

As the parties agreed to delete conditions C27 and G12 and proposed new conditions, and the Court was satisfied the modified development is substantially the same and within its proper jurisdiction, the orders were made accordingly.

Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Appeal (modification Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent modified; no order as to costs
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference']
['planning and Environment'] ['modification Application' 'development Consent' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal (modification Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether conditions C27 and G12 should be deleted from Development Consent No. 316/15' 'Whether the modified development is substantially the same as the approved development']

Ratio Decidendi

As the parties agreed to delete conditions C27 and G12 and proposed new conditions, and the Court was satisfied the modified development is substantially the same and within its proper jurisdiction, the orders were made accordingly.

Court Disposition

Appeal upheld; development consent modified; no order as to costs

Orders

  • ['The appeal is upheld and Development Consent No. 316/15 is modified as follows: (a) conditions C27 and G12 are deleted from the conditions of consent; (b) the new conditions as set out in Annexure A be inserted to the conditions of consent.' 'No order as to costs.']